First, you need to know that the rental house is in Ohio, but we now live in New Jersey and the landlord lives in Florida...so small claims court appearances really aren't an option.
Timeline:
Dec. 1, 2008 we paid $1800 security deposit on one-year lease.
Dec. 1, 2009 Landlord requested we continue lease on month-by-month basis.
April 1, 2011 I provided written notice (via email) that we were moving out and would be vacating premises by May 1, paid last month's rent in full.
April 27 I provided forwarding address via email to landlord.
April 29 We physically vacated the premises, keys and garage door opener left in house.
May 23 I inquired via email when the landlord anticipates completing the move-out inspection and forwarding our security deposit. No response.
May 25 My husband called landlord's cell phone to follow up on my request for deposit. Went to voicemail and he left message. No response.
May 27 My husband emailed landlord again, this time demanding response with threat of contacting state's attorney general. Landlord replied via email and I quote: "relax. I have been busy with many things. I will be in touch shortly."
May 31 Landlord emailed that he would be returning our deposit less $100 in deductions ($50 because he found a full ashtray in the basement, which he only would have seen if he'd entered the house when we were out of town at Christmas 2010 -- and $50 for a love seat that we left behind in the semi-finished basement.) We chose to overlook that no mention was made about interest that should have accrued for 2 1/2 years as we just wanted to be finished with this.
June 10 My husband emailed landlord because we had not received check.
June 12 Landlord called my husband and admitted that he does not have the money to return our deposit. He will "try" to get half to us within a week and the balance in 30 days.
Another factor is that landlord has a sale pending on the house so it won't be re-leased.
My questions:
1) Are we now entitled to demand the full deposit amount, without the deductions?
2) Should we demand the accrued interest now?
3) Is there a way that we can have our refund deducted from his proceeds on the sale of the house?
4) We want the terms of last night's verbal conversation put into writing with firm dates. Is email sufficient for this?
5) What exactly is the "or else" for default? Small claims? State's attorney?
6) If we need to hire an attorney for this matter, should he/she be in Ohio (house), New Jersey (us), or Florida (landlord)?
Thank you in advance for your guidance on this stressful situation.
Timeline:
Dec. 1, 2008 we paid $1800 security deposit on one-year lease.
Dec. 1, 2009 Landlord requested we continue lease on month-by-month basis.
April 1, 2011 I provided written notice (via email) that we were moving out and would be vacating premises by May 1, paid last month's rent in full.
April 27 I provided forwarding address via email to landlord.
April 29 We physically vacated the premises, keys and garage door opener left in house.
May 23 I inquired via email when the landlord anticipates completing the move-out inspection and forwarding our security deposit. No response.
May 25 My husband called landlord's cell phone to follow up on my request for deposit. Went to voicemail and he left message. No response.
May 27 My husband emailed landlord again, this time demanding response with threat of contacting state's attorney general. Landlord replied via email and I quote: "relax. I have been busy with many things. I will be in touch shortly."
May 31 Landlord emailed that he would be returning our deposit less $100 in deductions ($50 because he found a full ashtray in the basement, which he only would have seen if he'd entered the house when we were out of town at Christmas 2010 -- and $50 for a love seat that we left behind in the semi-finished basement.) We chose to overlook that no mention was made about interest that should have accrued for 2 1/2 years as we just wanted to be finished with this.
June 10 My husband emailed landlord because we had not received check.
June 12 Landlord called my husband and admitted that he does not have the money to return our deposit. He will "try" to get half to us within a week and the balance in 30 days.
Another factor is that landlord has a sale pending on the house so it won't be re-leased.
My questions:
1) Are we now entitled to demand the full deposit amount, without the deductions?
2) Should we demand the accrued interest now?
3) Is there a way that we can have our refund deducted from his proceeds on the sale of the house?
4) We want the terms of last night's verbal conversation put into writing with firm dates. Is email sufficient for this?
5) What exactly is the "or else" for default? Small claims? State's attorney?
6) If we need to hire an attorney for this matter, should he/she be in Ohio (house), New Jersey (us), or Florida (landlord)?
Thank you in advance for your guidance on this stressful situation.
